Thailand Law Library

by Thailand Lawyer

Chapter 5: Juristic Condominium

The Manager shall arrange to have a General Meeting convened which shall be deemed to be the first Ordinary General Meeting within six months from the date of the registration of the condominium corporate in order that the Meeting can appoint the Board and consider for approval the Bylaws and the Manager having been registered in accordance with the application for the registration of the condominium corporate which has already been submitted.

In the case where the Ordinary General Meeting does not give the approval on the Regulations or the Manager under paragraph one, the Ordinary General Meeting shall consider the alteration or modification on such Bylaws or Manager or removal thereof and then appoint a Manager, as well.

The Board shall arrange to have the Ordinary General Meeting convened once a year within one hundred and twenty days from the date ending the accounting year of the condominium corporate to undertake the following businesses:

1. Considering for approval the balance sheet,
2. Considering the annual report,
3. Appointing an auditor,
4. Considering other matters.

In the case of necessity, the following persons shall have the right to summon an Extraordinary General Meeting whenever required:

1. The Manager,
2. The Committee by its resolution exceeding a half of the Board Meeting,
3. Joint owners of not less than twenty percents (20%) of the total votes of the joint owners signing to make a letter requesting the Meeting to be convened for submission to the Board. In this case, the Board shall arrange to have the Meeting convened within fifteen days from the date of receiving such request. Should the Board fail to have the Meeting convened within such prescribed time, The joint owners of the aforementioned number shall have the right to arrange to have such Extraordinary General Meeting convened by themselves by appointing a person from them to be their representative in issuing letters of summoning to attend the Meeting.

On summoning to the General Meeting, written letters indicating the place, date, tie and Meeting agendas and the matters to be presented to the Meeting together with reasonable details shall be made and forwarded to the joint owners at least seven days prior to the Meeting date.

At a General Meeting, there must be a minimum of attendees with the collective votes of not less than one fourth of the total number of the votes to constitute a quorum.

In case co-owners present in the meeting do not constitute the quorum as specified in First Paragraph, a new meeting shall be convened within fifteen days from the day convening in the previous time; the latter general meeting has no enforcement that the quorum shall be constituted.

The Manager or spouse of the Manager shall be prohibited to chair the General Meeting.

The resolution of the general meeting shall be by the majority of votes of joint-owners attending the meeting unless this Act will have provided otherwise.

In casting of votes, each joint-owner shall have the votes according to the ration of his ownership in the common property.

If one joint-owner owner has the votes more than half of the total votes, the number of votes shall be reduced to remain equivalent to the total votes of all other joint-owners.

Upon there being a regulation stipulating that certain joint-owners shall pay expenses in particular, only these joint-owners shall have the right to vote in the resolutions concerning the said expenses with the number of votes of each joint-owner is entitled according to the ration prescribed in the prescribed in the Regulations under Section 18, first paragraph.

A joint owner may give a written proxy to the other person in casting the vote on his behalf, however, a proxy shall not be permitted to receive such written proxy to cast the votes in a meeting in excess of three units.

The following persons shall be prohibited to receive a proxy to cast the vote on behalf of a joint owner:

1. Board members and their spouses,
2. The Manager and his spouse,
3. Staffs or employees of the condominium corporate or contractors of the condominium corporate,
4. Staffs or employees of the Manager in the case where the Manage is a corporate.

A resolution on the following matters must have the votes of not less than a half of the total votes of the joint owners:

1. A purchase of real estate or acceptance as a gift of real estate with the encumbered charge being the common property,
2. A disposition of common property being the real estate,
3. A permission to a joint owner to build, decorate, make a change in, alteration on or addition to his own unit at his own expenses which adversely affect the common property or the external features of the condominium,
4. An alteration on or a change in the Bylaws relating to the use or management of the common property,
5. An alteration on or a change in the ratio of the common expenses in the Bylaws defined under Section 32 (8),
6. A construction deemed to be a change in, addition to or modification on the common property,
7. An arrangement for the exploitation from the common property.

In the case where the joint owners attending a meeting does not constitute the number set forth under paragraph one, a new meeting shall be summoned within fifteen days from the date of summoning the preceded meeting and that a resolution relating to the matter provided under paragraph one in this new meeting must receive the votes of not less than one third of the joint owners’ total votes.

A resolution relating to the following matters shall receive the votes of not less than one fourth of the joint owners’ total votes:

1. Appointment or removal of the Manager,
2. Stipulation on the business which the Manager has the power to assign the other person to carry out on his behalf.

In the event of the total damage of the condominium or part of the condominium but more than half of the total number of the apartments, if the joint-owners adopt s resolution by a vote under Section 48 to construct or repair the part of the building which is damaged, the juristic condominium shall construct or repair the part of the building which is damaged to restore it to good condition.

If the condominium is damaged partly but less than half of the total number of the apartments, if the majority of the joint-owners of the damaged apartments adopt resolution to construct or repair the said damage, the juristic condominium shall construct or repair the said damage to restore it to good condition. Expenses in the construction or repair of the damaged building which is the common property, every joint-owner of the condominium shall jointly pay according to the ratio each joint-owner has ownership in the common property. With regard to the expenses in the construction or repair of the part which is personal property it shall be borne by the owner of the said damaged apartment.

The apartment newly constructed under the first paragraph or the second paragraph shall be regarded as replacement of the original apartment and the original apartment title deed shall be regarded as the apartment title deed of the newly constructed apartment. If the details in the original apartment title deed does not correspond with those of the newly constructed apartment, the Competent Official shall have the power to make correction therefore.

If it arrives at a resolution not to construct or repair the damaged part of the building under the paragraph or the second paragraph, Section 34 shall apply mutatis mutandis.

Upon the owner of the apartment not to be constructed or repaired of the part damaged having received indemnity of the price of the common property from the joint-owners, the apartment title deed of the said apartment shall be revoked and the owner shall return it to the Competent Official within thirty days from the date of receipt of the indemnity of the price of the common property for the remark of revocation in the apartment title deed both the copy of the owner of the apartment and the copy retained at the Office of the Competent Official and the Competent Official shall publish revocation of the said apartment title deed in the Government Gazette.